FY 2020 Competitive Funding Opportunity: Low or No Emission Grant Program |
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K. Jane Williams
Federal Transit Administration
24 January 2020
[Federal Register Volume 85, Number 16 (Friday, January 24, 2020)]
[Notices]
[Pages 4348-4354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01140]
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DEPARTMENT OF TRANSPORTATION
Federal Transit Administration
FY 2020 Competitive Funding Opportunity: Low or No Emission Grant
Program
AGENCY: Federal Transit Administration (FTA), DOT.
ACTION: Notice of funding opportunity (NOFO).
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SUMMARY: The Federal Transit Administration (FTA) announces the
opportunity to apply for $130 million in competitive grants under the
fiscal year (FY) 2020 Low or No Emission Grant Program (Low-No Program)
(Catalog of Federal Domestic Assistance number: 20.526). As required by
Federal public transportation law, funds will be awarded competitively
for the purchase or lease of low or no emission vehicles that use
advanced technologies for transit revenue operations, including related
equipment or facilities. Projects
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may include costs incidental to the acquisition of buses or to the
construction of facilities, such as the costs of related workforce
development and training activities, and project administration
expenses. FTA may award additional funding that is made available to
the program prior to the announcement of project selections.
DATES: Complete proposals must be submitted electronically through the
GRANTS.GOV ``APPLY'' function by 11:59 p.m. Eastern time on March 17,
2020. Prospective applicants should initiate the process by registering
on the GRANTS.GOV website promptly to ensure completion of the
application process before the submission deadline. Instructions for
applying can be found on FTA's website at http://transit.dot.gov/howtoapply and in the ``FIND'' module of GRANTS.GOV. The funding
opportunity ID is FTA-2020-005-LowNo. Mail and fax submissions will not
be accepted.
FOR FURTHER INFORMATION CONTACT: Victor Waldron, FTA Office of Program
Management, 202-366-5183, or victor.waldron@dot.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Program Description
B. Federal Award Information
C. Eligibility Information
D. Application and Submission Information
E. Application Review Information
F. Federal Award Administration Information
G. Technical Assistance and Other Program Information
H. Federal Awarding Agency Contacts
A. Program Description
Federal public transportation law (49 U.S.C. 5339(c)) authorizes
FTA to award grants for low or no emission buses through a competitive
process, as described in this notice. The Low-No Program provides
funding to State and local governmental authorities for the purchase or
lease of zero-emission and low-emission transit buses, including
acquisition, construction, and leasing of required supporting
facilities such as recharging, refueling, and maintenance facilities.
FTA recognizes that a significant transformation is occurring in the
transit bus industry, with the increasing availability of low and zero
emission bus vehicles for transit revenue operations.
In FY 2020, FTA is encouraging applicants to propose projects that
introduce innovative technologies or practices in support of FTA's
Accelerating Innovative Mobility (AIM) initiative. FTA is focused on
the introduction of new technology not commonly found within U.S.
transit systems such as integrated fare payment systems permitting
complete trips or advancements to propulsion systems. Innovation can
also include practices such as new public transportation operational
models, financial or procurement arrangements, or value capture.
B. Federal Award Information
Federal public transportation law (49 U.S.C. 5338(a)(2)(M))
authorizes $55,000,000 in FY 2020 for the Low-No Program. The Further
Consolidated Appropriations Act, 2020 appropriated an additional
$75,000,000 for the Low-No Program for a total $130,000,000 available
in FY 2020.
In FY 2019, the program received applications for 157 projects
requesting a total of $500 million. Thirty-eight projects were funded
at a total of $84.95 million. FTA may cap the amount a single recipient
or State may receive as part of the selection process. In FY 2019, for
example, the largest amount awarded to a single applicant was $3
million and no State received more than 3.5 percent of the total
funding available.
FTA will grant pre-award authority to incur costs for selected
projects beginning on the date FY 2020 project selections are announced
on FTA's website. Funds are available for obligation three fiscal years
after the fiscal year in which the competitive awards are announced.
Funds are only available for projects that have not incurred costs
prior to the announcement of project selections.
C. Eligibility Information
1. Eligible Applicants
Eligible applicants include designated recipients, States, local
governmental authorities, and Indian Tribes. Proposals for funding
projects in rural (non-urbanized) areas may be submitted as part of a
consolidated State proposal. To be considered eligible, applicants must
be able to demonstrate the requisite legal, financial, and technical
capabilities to receive and administer Federal funds under this
program. States and other eligible applicants may submit consolidated
proposals for projects in urbanized areas. Proposals may contain
projects to be implemented by the recipient or its eligible
subrecipients. Eligible subrecipients are entities that are otherwise
eligible recipients under this program.
As permitted by the Further Consolidated Appropriations Act, 2020,
applicants to the Low-No Program may submit applications that include
partnerships with other entities that intend to participate in the
implementation of the project, including, but not limited to, specific
vehicle manufacturers, equipment vendors, owners or operators of
related facilities, or project consultants. If an application that
involves such a partnership is selected for funding, the competitive
selection process will be deemed to satisfy the requirement for a
competitive procurement under 49 U.S.C. 5325(a) for the named entities.
Applicants are advised that any changes to the proposed partnership
will require FTA written approval, must be consistent with the scope of
the approved project, and may necessitate a competitive procurement.
2. Cost Sharing or Matching
The maximum Federal share for projects that involve leasing or
acquiring transit buses (including clean fuel or alternative fuel
vehicles) for purposes of complying with or maintaining compliance with
the Clean Air Act is 85 percent of the net project cost.
The maximum Federal share for the cost of acquiring, installing, or
constructing vehicle-related equipment or facilities (including clean
fuel or alternative fuel vehicle-related equipment or facilities) for
purposes of complying with or maintaining compliance with the Clean Air
Act is 90 percent of the net project cost of such equipment or
facilities that are attributable to compliance with the Clean Air Act.
The award recipient must itemize the cost of specific, discrete,
vehicle-related equipment associated with compliance with the Clean Air
Act to be eligible for the maximum 90 percent Federal share for these
costs.
Eligible sources of local match include the following: Cash from
non-Government sources other than revenues from providing public
transportation services; revenues derived from the sale of advertising
and concessions; amounts received under a service agreement with a
State or local social service agency or private social service
organization; revenues generated from value capture financing
mechanisms; funds from an undistributed cash surplus; replacement or
depreciation cash fund or reserve; new capital; or in-kind
contributions. Transportation development credits or in-kind match may
be used for local match if identified and documented in the
application.
3. Eligible Projects
Under the Low-No Program (49 U.S.C. 5339(c)(1)(B)), eligible
projects include
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projects or programs of projects in an eligible area for: (1)
Purchasing or leasing low or no emission buses; (2) acquiring low or no
emission buses with a leased power source; (3) constructing or leasing
facilities and related equipment for low or no emission buses; (4)
constructing new public transportation facilities to accommodate low or
no emission buses; (5) or rehabilitating or improving existing public
transportation facilities to accommodate low or no emission buses. As
required by Federal public transportation law (49 U.S.C. 5339(c)(5)),
FTA will only consider eligible projects relating to the acquisition or
leasing of low or no emission buses or bus facilities that make greater
reductions in energy consumption and harmful emissions than comparable
standard buses or other low or no emission buses and are part of the
recipient's long-term integrated fleet management plan.
A low or no-emission bus is defined as a passenger vehicle used to
provide public transportation that significantly reduces energy
consumption or harmful emissions, including direct carbon emissions,
when compared to a standard vehicle. The statutory definition includes
zero-emission transit buses, which are defined as buses that produce no
direct carbon emissions and no particulate matter emissions under any
and all possible operational modes and conditions. Examples of zero
emission bus technologies include, but are not limited to, hydrogen
fuel-cell buses and battery-electric buses. All new transit bus models
must successfully complete FTA bus testing for production transit buses
pursuant to FTA's Bus Testing regulation (49 CFR part 665) in order to
be procured with funds awarded under the Low-No Program. All transit
vehicles must be procured from certified transit vehicle manufacturers
in accordance with the Disadvantaged Business Enterprise (DBE)
regulations (49 CFR part 26). The development or deployment of
prototype vehicles is not eligible for funding under the Low-No
Program.
Recipients are permitted to use up to 0.5 percent of their
requested grant award for workforce development activities eligible
under Federal public transportation law (49 U.S.C. 5314(b)) and an
additional 0.5 percent for costs associated with training at the
National Transit Institute. Applicants must identify the proposed use
of funds for these activities in the project proposal and identify them
separately in the project budget.
If a single project proposal involves multiple public
transportation providers, such as when an agency acquires vehicles that
will be operated by another agency, the proposal must include a
detailed statement regarding the role of each public transportation
provider in the implementation of the project.
D. Application and Submission Information
1. Address To Request Application
Applications must be submitted electronically through GRANTS.GOV.
General information for submitting applications through GRANTS.GOV can
be found at www.fta.dot.gov/howtoapply along with specific instructions
for the forms and attachments required for submission. Mail and fax
submissions will not be accepted. A complete proposal submission
consists of two forms: The SF-424 Application for Federal Assistance
(available at GRANTS.GOV) and the supplemental form for the FY 2020
Low-No Program (downloaded from GRANTS.GOV or the FTA website at
https://www.transit.dot.gov/funding/grants/lowno). Failure to submit
the information as requested can delay review or disqualify the
application.
2. Content and Form of Application Submission
A strong transportation network is critical to the functioning and
growth of the American economy. The nation's industry depends on the
transportation network to move the goods that it produces, and
facilitate the movements of the workers who are responsible for that
production. When the nation's highways, railways, and ports function
well, that infrastructure connects people to jobs, increases the
efficiency of delivering goods and thereby cuts the costs of doing
business, reduces the burden of commuting, and improves overall well-
being.
Rural transportation networks play a vital role in supporting our
national economic vitality. Addressing the deteriorating conditions and
disproportionately high fatality rates on our rural transportation
infrastructure is of critical interest to the Department, as rural
transportation networks face unique challenges in safety,
infrastructure condition, and passenger and freight usage. Consistent
with the R.O.U.T.E.S. Initiative, the Department encourages applicants
to consider how the project will address the challenges faced by rural
areas.
a. Proposal Submission
A complete proposal submission consists of two forms: (1) The SF-
424 Application for Federal Assistance; and (2) the supplemental form
for the FY 2020 Low-No Program. The supplemental form and any
supporting documents must be attached to the ``Attachments'' section of
the SF-424. The application must include responses to all sections of
the SF-424 Application for Federal Assistance and the supplemental
form, unless indicated as optional. The information on the supplemental
form will be used to determine applicant and project eligibility for
the program, and to evaluate the proposal against the selection
criteria described in part E of this notice.
FTA will accept only one supplemental form per SF-424 submission.
FTA encourages States and other applicants to consider submitting a
single supplemental form that includes multiple activities to be
evaluated as a consolidated proposal. If a State or other applicant
chooses to submit separate proposals for individual consideration by
FTA, each proposal must be submitted using a separate SF-424 and
supplemental form.
Applicants may attach additional supporting information to the SF-
424 submission, including but not limited to letters of support,
project budgets, fleet status reports, or excerpts from relevant
planning documents. Any supporting documentation must be described and
referenced by file name in the appropriate response section of the
supplemental form, or it may not be reviewed.
Information such as applicant name, Federal amount requested, local
match amount, description of areas served, etc. may be requested in
varying degrees of detail on both the SF-424 and supplemental form.
Applicants must fill in all fields unless stated otherwise on the
forms. If information is copied into the supplemental form from another
source, applicants should verify that pasted text is fully captured on
the supplemental form and has not been truncated by the character
limits built into the form. Applicants should use both the ``Check
Package for Errors'' and the ``Validate Form'' validation buttons on
both forms to check all required fields on the forms, and ensure that
the Federal and local amounts specified are consistent.
b. Application Content
The SF-424 Application for Federal Assistance and the supplemental
form will prompt applicants for the required information, including:
i. Applicant name
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ii. Dun and Bradstreet (D&B) Data Universal Numbering System (DUNS)
number
iii. Key contact information (including contact name, address, email
address, and phone)
iv. Congressional district(s) where project will take place
v. Project information (including title, an executive summary, and
type)
vi. A detailed description of the need for the project
vii. A detailed description on how the project will support the Low-No
Program objectives
viii. Evidence that the project is consistent with local and regional
planning documents
ix. Evidence that the applicant can provide the local cost share
x. A description of the technical, legal, and financial capacity of the
applicant
xi. A detailed project budget
xii. An explanation of the scalability of the project
xiii. Details on the local matching funds
xiv. A detailed project timeline
xv. Whether the project impacts an Opportunity Zone
3. Unique Entity Identifier and System for Award Management (SAM)
Each applicant is required to: (1) Be registered in SAM before
submitting an application; (2) provide a valid unique entity identifier
in its application; and (3) continue to maintain an active SAM
registration with current information at all times during which the
applicant has an active Federal award or an application or plan under
consideration by FTA. These requirements do not apply if the applicant
has an exemption approved by FTA under Federal grants and agreements
law (2 CFR 25.110(d)). FTA may not make an award until the applicant
has complied with all applicable unique entity identifier and SAM
requirements. If an applicant has not fully complied with the
requirements by the time FTA is ready to make an award, FTA may
determine that the applicant is not qualified to receive an award and
use that determination as a basis for making a Federal award to another
applicant. All applicants must provide a unique entity identifier
provided by SAM. Registration in SAM may take as little as 3-5 business
days, but since there could be unexpected steps or delays (for example,
if there is a need to obtain an Employer Identification Number), FTA
recommends allowing ample time, up to several weeks, for completion of
all steps. For additional information on obtaining a unique entity
identifier, please visit www.sam.gov.
4. Submission Dates and Times
Project proposals must be submitted electronically through
GRANTS.GOV by 11:59 p.m. Eastern time on March 17, 2020. GRANTS.GOV
attaches a time stamp to each application at the time of submission.
Proposals submitted after the deadline will only be considered under
extraordinary circumstances not under the applicant's control. Mail and
fax submissions will not be accepted.
Within 48 hours after submitting an electronic application, the
applicant should receive an email message from GRANTS.GOV with
confirmation of successful transmission to GRANTS.GOV. If a notice of
failed validation or incomplete materials is received, the applicant
must address the reason for the failed validation, as described in the
email notice, and resubmit before the submission deadline. If making a
resubmission for any reason, include all original attachments
regardless of which attachments were updated and check the box on the
supplemental form indicating this is a resubmission.
FTA urges applicants to submit applications at least 72 hours prior
to the due date to allow time to receive the validation messages and to
correct any problems that may have caused a rejection notification.
GRANTS.GOV scheduled maintenance and outage times are announced on the
GRANTS.GOV website. Deadlines will not be extended due to scheduled
website maintenance.
Applicants are encouraged to begin the process of registration on
the GRANTS.GOV site well in advance of the submission deadline.
Registration is a multi-step process, which may take several weeks to
complete before an application can be submitted. Registered applicants
may still be required to take steps to keep their registration up to
date before submissions can be made successfully: (1) Registration in
SAM is renewed annually, and (2) persons making submissions on behalf
of the Authorized Organization Representative (AOR) must be authorized
in GRANTS.GOV by the AOR to make submissions.
5. Restrictions
Funds under this NOFO cannot be used to reimburse applicants for
otherwise eligible expenses incurred prior to FTA award of a grant
agreement until FTA has issued pre-award authority for selected
projects.
6. Other Submission Requirements
Applicants are encouraged to identify scaled funding options in
case insufficient funding is available to fund a project at the full
requested amount. If an applicant indicates that a project is scalable,
the applicant must provide an appropriate minimum funding amount that
will fund an eligible project that achieves the objectives of the
program and meets all relevant program requirements. The applicant must
provide a clear explanation of how the project budget would be affected
by a reduced award. FTA may award a lesser amount regardless of whether
a scalable option is provided.
E. Application Review Information
1. Criteria
Projects will be evaluated primarily on the responses provided in
the supplemental form. Additional information may be provided to
support the responses; however, any additional documentation must be
directly referenced on the supplemental form, including the file name
where the additional information can be found. FTA will evaluate
proposals for the Low-No Program based on the criteria described in
this notice.
Consistent with the Department's R.O.U.T.E.S. Initiative (https://www.transportation.gov/rural), the Department recognizes that rural
transportation networks face unique challenges. To the extent that
those challenges are reflected in the merit criteria listed in this
section, the Department will consider how the activities proposed in
the application will address those challenges, regardless of the
geographic location of those activities.
a. Demonstration of Need
Since the purpose of this program is to fund vehicles and
facilities, applications will be evaluated based on the quality and
extent to which they demonstrate how the proposed project will address
an unmet need for capital investment in vehicles and/or supporting
facilities. For example, an applicant may demonstrate that it requires
additional or improved charging or maintenance facilities for low or no
emission vehicles, that it intends to replace existing vehicles that
have exceeded their minimum useful life, or that it requires additional
vehicles to meet current ridership demands.
FTA will consider an applicant's responses to the following
criteria when assessing the need for capital investment underlying the
proposed project:
i. Consistency with Long-Term Fleet Management Plan: As required by
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Federal public transportation law (49 U.S.C. 5339(c)(5)(b)), all
project proposals must demonstrate that they are part of the intended
recipient's long-term integrated fleet management plan, as demonstrated
through an existing transit asset management program, fleet procurement
plan, or similarly documented program or policy. These plans must be
attached to the application. FTA will evaluate the consistency of the
proposed project with the applicant's long-term fleet management plan,
as well as the applicant's previous experience with the relevant low or
no emissions vehicle technologies.
ii. For low or no emission bus projects (replacement and/or or
expansion): Applicants must provide information on the age, condition,
and performance of the vehicles to be replaced by the proposed project.
Vehicles to be replaced must have met their minimum useful life at the
time of project completion. For service expansion requests, applicants
must provide information on the proposed service expansion and the
benefits for transit riders and the community from the new service. For
all vehicle projects, the proposal must address whether the project
conforms to FTA's spare ratio guidelines. Low or no emission vehicles
funded under this program are not exempted from FTA's standard spare
ratio requirements, which apply to and are calculated on the agency's
entire fleet.
iii. For bus facility and equipment projects (replacement,
rehabilitation, and/or expansion): Applicants must provide information
on the age and condition of the asset to be rehabilitated or replaced
relative to its minimum useful life.
b. Demonstration of Benefits
Applicants must demonstrate how the proposed project will support
the statutory requirements of the Low-No Program (49 U.S.C.
5339(c)(5)(A)). In particular, FTA will consider the quality and extent
to which applications demonstrate how the proposed project will: (1)
Reduce Energy Consumption; (2) Reduce Harmful Emissions; and (3) Reduce
Direct Carbon Emissions. FTA will also evaluate the potential of the
proposed project to accelerate innovation.
i. Reduce Energy Consumption: Applicants must describe how the
proposed project will reduce energy consumption. FTA will evaluate
applications based on the degree to which the proposed technology
reduces energy consumption as compared to more common vehicle
propulsion technologies.
ii. Reduce Harmful Emissions: Applicants must demonstrate how the
proposed vehicles or facility will reduce the emission of particulates
that create local air pollution, which leads to local environmental
health concerns, smog, and unhealthy ozone concentrations. FTA will
evaluate the rate of particulate emissions by the proposed vehicles or
vehicles to be supported by the proposed facility, compared to the
emissions from the vehicles that will be replaced or moved to the spare
fleet as a result of the proposed project, as well as comparable
standard buses.
iii. Reduce Direct Carbon Emissions: Applicants should demonstrate
how the proposed vehicles or facility will reduce emissions of
greenhouse gases from transit vehicle operations. FTA will evaluate the
rate of direct carbon emissions by the proposed vehicles or vehicles to
be supported by the proposed facility, compared to the emissions from
the vehicles that will be replaced or moved to the spare fleet as a
result of the proposed project, as well as comparable standard buses.
iv. Accelerating Innovation: Applicants may also demonstrate how
the project will accelerate the introduction of innovative technologies
or practices such as integrated fare payment systems permitting
complete trips or advancements to propulsion systems. Innovation can
also include practices such as new public transportation operational
models, financial or procurement arrangements, or value capture.
c. Planning and Local/Regional Prioritization
Applicants must demonstrate how the proposed project is consistent
with local and regional long-range planning documents and local
government priorities. FTA will evaluate applications based on the
quality and extent to which they assess whether the project is
consistent with the transit priorities identified in the long-range
plan; and/or contingency/illustrative projects included in that plan;
or the locally developed human services public transportation
coordinated plan. Applicants may submit copies of the relevant pages of
such plans to support their application. FTA will consider how the
project will support regional goals and applicants may submit support
letters from local and regional planning organizations attesting to the
consistency of the proposed project with these plans.
Evidence of additional local or regional prioritization may include
letters of support for the project from local government officials,
public agencies, and non-profit or private sector partners.
d. Local Financial Commitment
Applicants must identify the source of the local cost share and
describe whether such funds are currently available for the project or
will need to be secured if the project is selected for funding. FTA
will consider the availability of the local cost share as evidence of
local financial commitment to the project. Applicants should submit
evidence of the availability of funds for the project; for example, by
including a board resolution, letter of support from the State, or
other documentation of the source of local funds such as a budget
document highlighting the line item or section committing funds to the
proposed project. In addition, an applicant may propose a local cost
share that is greater than the minimum requirement or provide
documentation of previous local investments in the project, which
cannot be used to satisfy local matching requirements, as evidence of
local financial commitment. Additional consideration will be given to
those projects that propose a larger local cost share. FTA will also
note if an applicant proposes to use grant funds only for the
incremental cost of new technologies over the cost of replacing
vehicles with standard propulsion technologies.
e. Project Implementation Strategy
FTA will rate projects higher if grant funds can be obligated
within 12 months of selection and the project can be implemented within
a reasonable time frame. In assessing when funds can be obligated, FTA
will consider whether the project qualifies for a Categorical Exclusion
(CE), or whether the required environmental work has been initiated or
completed for projects that require an Environmental Assessment (EA) or
Environmental Impact Statement (EIS) under the National Environmental
Policy Act of 1969 (NEPA), as amended. As such, applicants should
submit information describing the project's anticipated path and
timeline through the environmental review process. The proposal must
state when grant funds can be obligated and indicate the timeframe
under which the Metropolitan Transportation Improvement Program (TIP)
and/or Statewide Transportation Improvement Program (STIP) can be
amended to include the proposed project.
In assessing whether the proposed implementation plans are
reasonable and complete, FTA will review the
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proposed project implementation plan, including all necessary project
milestones and the overall project timeline. For projects that will
require formal coordination, approvals, or permits from other agencies
or project partners, the applicant must demonstrate coordination with
these organizations and their support for the project, such as through
letters of support.
For project proposals that involve a partnership with a
manufacturer, vendor, consultant, or other third party, applicants must
identify by name any project partners, including, but not limited to,
other transit agencies, bus manufacturers, owners or operators of
related facilities, or any expert consultants. FTA will evaluate the
experience and capacity of the named project partners to successfully
implement the proposed project based on the partners' experience and
qualifications. Applicants are advised to submit information on the
partners' qualifications and experience as a part of the application.
Entities involved in the project that are not named in the application
will be required to be selected through a competitive procurement.
f. Technical, Legal, and Financial Capacity
Applicants must demonstrate that they have the technical, legal,
and financial capacity to undertake the project. FTA will review
relevant oversight assessments and records to determine whether there
are any outstanding legal, technical, or financial issues with the
applicant that would affect the outcome of the proposed project.
2. Review and Selection Process
In addition to other FTA staff that may review the proposals, a
technical evaluation committee will evaluate proposals based on the
published evaluation criteria. Members of the technical evaluation
committee and other FTA staff may request additional information from
applicants, if necessary. Based on the findings of the technical
evaluation committee, the FTA Administrator will determine the final
selection of projects for program funding. In determining the
allocation of program funds, FTA may consider geographic diversity,
diversity in the size of the transit systems receiving funding,
projects located in or that support public transportation service in a
qualified opportunity zone designated pursuant to 26 U.S.C. 1400Z-1,
the applicant's receipt of other competitive awards, the percentage of
the local share provided, and whether the project includes an
innovative technology or practice. FTA may consider capping the amount
a single applicant may receive and prioritizing investments in rural
areas. Projects that have a higher local financial commitment may also
be prioritized.
After applying the above criteria, the FTA Administrator will
consider the following key Departmental objectives:
a. Supporting economic vitality at the national and regional level;
b. Utilizing alternative funding sources and innovative financing
models to attract non-Federal sources of infrastructure investment;
c. Accounting for the life-cycle costs of the project to promote
the state of good repair;
d. Using innovative approaches to improve safety and expedite
project delivery; and,
e. Holding grant recipients accountable for their performance and
achieving specific, measurable outcomes identified by grant applicants.
Prior to making an award, FTA is required to review and consider
any information about the applicant that is in the Federal Award
Performance and Integrity Information System accessible through SAM .
An applicant may review and comment on any information about itself
that a Federal awarding agency previously entered. FTA will consider
any comments by the applicant, in addition to the other information in
the designated integrity and performance system, in making a judgment
about the applicant's integrity, business ethics, and record of
performance under Federal awards when completing the review of risk
posed by applicants as described in the Office of Management and
Budget's Uniform Requirements for Federal Awards (2 CFR 200.205).
F. Federal Award Administration Information
The FTA Administrator will announce the final project selections on
the FTA website. Recipients should contact their FTA Regional Offices
for additional information regarding allocations for projects under the
Low-No Program. At the time the project selections are announced, FTA
will extend pre-award authority for the selected projects. There is no
blanket pre-award authority for these projects before announcement.
1. Federal Award Notices
Funds under the Low-No Program are available to States, designated
recipients, local governmental authorities, and Indian Tribes. There is
no minimum or maximum grant award amount; however, FTA intends to fund
as many meritorious projects as possible. Only proposals from eligible
recipients for eligible activities will be considered for funding. Due
to funding limitations, applicants that are selected for funding may
receive less than the amount originally requested. In those cases,
applicants must be able to demonstrate that the proposed projects are
still viable and can be completed with the amount awarded.
2. Administrative and National Policy Requirements
a. Pre-Award Authority
FTA will issue specific guidance to recipients regarding pre-award
authority at the time of selection. FTA does not provide pre-award
authority for competitive funds until projects are selected, and even
then, there are Federal requirements that must be met before costs are
incurred. For more information about FTA's policy on pre-award
authority, please see the FY 2019 Apportionment Notice published on
July 3, 2019. https://www.govinfo.gov/content/pkg/FR-2019-07-03/pdf/2019-14248.pdf.
b. Grant Requirements
If selected, awardees will apply for a grant through FTA's Transit
Award Management System (TrAMS). All Low-No Program recipients are
subject to the grant requirements of the Urbanized Area Formula Grant
program (49 U.S.C. 5307), including those of FTA Circular ``Urbanized
Area Formula Program: Program Guidance and Application Instructions''
(FTA.C.9030.1E). All recipients must also follow the Award Management
Requirements (FTA.C.5010.1) and the labor protections required by
Federal public transportation law (49 U.S.C. 5333(b)). Technical
assistance regarding these requirements is available from each FTA
regional office.
c. Buy America
FTA requires that all capital procurements meet FTA's Buy America
requirements (49 U.S.C. 5323(j)), which require that all iron, steel,
or manufactured products be produced in the United States. Federal
public transportation law provides for a phased increase in the
domestic content for rolling stock between FY 2016 and FY 2020. For FY
2020 and beyond, the cost of components and subcomponents produced in
the United States must be more than 70 percent of the cost of all
components. There is no change to the requirement that final assembly
of rolling stock must occur in the United
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States. FTA issued guidance on the implementation of the phased
increase in domestic content on September 1, 2016 (81 FR 60278).
Applicants should read the policy guidance carefully to determine the
applicable domestic content requirement for their project. Any proposal
that will require a waiver must identify in the application the items
for which a waiver will be sought. Applicants should not proceed with
the expectation that waivers will be granted. Consistent with Executive
Order 13858 Strengthening Buy-American Preferences for Infrastructure
Projects, signed by President Trump on January 31, 2019, applicants
should maximize the use of goods, products, and materials produced in
the United States, in Federal procurements and through the terms and
conditions of Federal financial assistance awards.
d. Disadvantaged Business Enterprise
FTA requires that its recipients receiving planning, capital, and/
or operating assistance that will award prime contracts exceeding
$250,000 in FTA funds in a Federal fiscal year comply with Department
of Transportation Disadvantaged Business Enterprise (DBE) program
regulations (49 CFR part 26). Applicants should expect to include any
funds awarded, excluding those to be used for vehicle procurements, in
setting their overall DBE goal. Note, however, that projects including
vehicle procurements remain subject to the DBE program regulations. The
rule requires that, prior to bidding on any FTA-assisted vehicle
procurement, entities that manufacture vehicles, or perform post-
production alterations or retrofitting, must submit a DBE program plan
and goal methodology to FTA. Further, to the extent that a vehicle
remanufacturer is responding to a solicitation for new or
remanufactured vehicles with a vehicle to which the remanufacturer has
provided post-production alterations or retrofitting (e.g., replacing
major components such as an engine to provide a ``like new'' vehicle),
the vehicle remanufacturer is considered a transit vehicle manufacturer
and must also comply with the DBE regulations.
FTA will then issue a transit vehicle manufacturer (TVM)
concurrence/certification letter. Grant recipients must verify each
entity's compliance with these requirements before accepting its bid. A
list of compliant, certified TVMs is posted on FTA's web page at
https://www.transit.dot.gov/regulations-and-guidance/civil-rights-ada/eligible-transit-vehicle-manufacturers. Please note that this list is
nonexclusive, and recipients must contact FTA before accepting bids
from entities not listed on this web-posting. Recipients may also
establish project-specific DBE goals for vehicle procurements. FTA will
provide additional guidance as grants are awarded. For more information
on DBE requirements, please contact Scheryl Portee, Office of the Chief
Counsel, 202-366-0840, email: scheryl.portee@dot.gov.
e. Planning
FTA encourages applicants to notify the appropriate State
Departments of Transportation and metropolitan planning organizations
in areas likely to be served by the project funds made available under
these initiatives and programs. Selected projects must be incorporated
into the long-range plans and transportation improvement programs of
States and metropolitan areas before they are eligible for FTA funding.
As described under the evaluation criteria, FTA may consider whether a
project is consistent with or already included in these plans when
evaluating a project.
f. Standard Assurances
The applicant assures that it will comply with all applicable
Federal statutes, regulations, executive orders, directives, FTA
circulars, and other Federal administrative requirements in carrying
out any project supported by the FTA grant. The applicant acknowledges
that it is under a continuing obligation to comply with the terms and
conditions of the grant agreement issued for its project with FTA. The
applicant understands that Federal laws, regulations, policies, and
administrative practices might be modified from time to time and may
affect the implementation of the project. The applicant agrees that the
most recent Federal requirements will apply to the project, unless FTA
issues a written determination otherwise. The applicant must submit the
Certifications and Assurances before receiving a grant if it does not
have current certifications on file.
3. Reporting
Post-award reporting requirements include the electronic submission
of Federal Financial Reports and Milestone Progress Reports in FTA's
electronic grants management system. Recipients of funds made available
through this NOFO are also required to regularly submit data to the
National Transit Database.
G. Technical Assistance and Other Program Information
This program is not subject to Executive Order 12372,
``Intergovernmental Review of Federal Programs.'' FTA will consider
applications for funding only from eligible recipients for eligible
projects listed in Section C. Complete applications must be submitted
through GRANTS.GOV by 11:59 p.m. Eastern time on March 17, 2020. For
issues with GRANTS.GOV, please contact GRANTS.GOV by phone at 1-800-
518-4726 or by email at support@grants.gov. Contact information for
FTA's regional offices can be found on FTA's website at
www.fta.dot.gov.
H. Federal Awarding Agency Contacts
For further information concerning this notice, please contact the
Low-No Program manager, Victor Waldron, by phone at 202-366-5183, or by
email at victor.waldron@dot.gov. A TDD is available for individuals who
are deaf or hard of hearing at 800-877-8339. In addition, FTA will post
answers to questions and requests for clarifications on FTA's website
at https://www.transit.dot.gov/funding/grants/lowno. To ensure
applicants receive accurate information about eligibility or the
program, applicants are encouraged to contact FTA directly, rather than
through intermediaries or third parties, with questions. FTA staff may
also conduct briefings on the FY 2020 competitive grants selection and
award process upon request.
K. Jane Williams,
Acting Administrator.
[FR Doc. 2020-01140 Filed 1-23-20; 8:45 am]
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